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HomeMy WebLinkAboutMaxfield Subdivision PP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 5.5 Acres from RUT (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat Approval of Two (2) Buildable Lots on 4.7 Acres AND Conditional Use Permit Approval for a Planned Development Consisting of an Assisted Living Facility Containing 5 Buildings with Each Building Containing 15 beds for Maxfield Subdivision for Maxfield Subdivision, by The Land Group, Inc. Case No(s): AZ-05-017, PP-05-027, CUP-05-034 For the City Council Hearing Date of: August 23,2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the August 23,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-027 I PP-O5-027 I CUP-O5-034- PAGE 1 of 5 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Cottage Investors II, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions in Exhibit A, the Preliminary Plat dated May 13, 2005 as shown in Exhibit B, the Site Plan dated May 13, 2005 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUPIPD Site Specific and Standard Conditions as shown in Exhibit F. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-027 I PP-O5-027 I CUP-O5-034- PAGE 2 of 5 Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated May 13,2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated May 13, 2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Pennit Duration Please take notice that the conditional use pennit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the pennit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building pennits and commence construction of pennanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & c.) Notice of Final Action and Right to Regulatory Takings Analysis E. 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-027/ PP-O5-027 / CUP-O5-034- PAGE 3 of5 concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Legal Description Approved Preliminary Plat (with conditions) Approved Site Plan (with conditions) Annexation and Zoning Comments Preliminary Plat Site Specific and Standard Conditions CUPIPD Site Specific and Standard Conditions Zoning Amendment Findings Preliminary Plat Findings CUP/PD Findings By action of the City Council at its regular meeting held on the ;)3 ICL- Ai i9i 1"*> ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED lff Ûì. ~ COUNCIL MEMBER KEITH BIRD VOTED ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-027 I PP-O5-027 I CUP-O5-034- PAGE 4 of 5 MAYOR TAMMY de WEERD (TIE BREAKER) --- VOTED Attest: SEAL dliam G. Berg, Jr., City erk ~ 7.~ #. ¥ ~ - ".0 .:=- \ '(:) r 1S""Ï . ~ § "" "'1 .<\'t- " """ Or\ '\V " Copy served upon Applicant, The Plannirtg/í}Ji,~~~\J)èpartment, Public Works Department and City Attorney. By: City Clerk's Office Dated: q - \ 1.05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-027/ PP.O5-027 / CUP-O5-034- PAGE 5 of5 EXHIBIT A Maxfield Subdivision AZ-O5-027 Legal Description ~-"-"-,, "",.","_O>~-" ,",^~_._"",-". .,- ""'~' -'^-,'c-"',' ,---"-------,-, North a8ð37'23" East a distance of 127 _44 feet to a point at the beginning of a curve to the left; along said curve to the left having a length of 20_08 feet, a radru8 of 75.00 feet, a central angle of 15°20'25", tangents of 10.10 feet, and a long chord which bears North 80"57'11" East, a distance of 20.02 feet to a point; North 73°16'58" East a distance of 65_38 feet to a point; thence leaving said center Hne South 16"43'02" East a distance of 25.00 feet to a set 5/8 inch rabar with plastic cap stamped" FlSI PlS 7612" at the north comer common to lots 5 and 6 Block 1 of the Amended Plat of Lots 3, 4, S, 6 and 7 of Golden Eagle Estates Subdivision; thence along the line common to said lots 5 and 6, South 00°21'38" Wast a distance of 467.09 feet to a set 5/8 ind'l rebar with plastic cap stamped "FL$I PLS 7612" at the south corner common to said lots 5 and 6 and to the North 1116 line of said Section 28; thence along the south line of said Lot 5 and along said North 1/161íne North 89°30'16" West a distance of 455.55 feet 10 the TRUE POINT OF BEGINNING. Containing 5"502 acres. more or less, Subject to existing easements and rightS-of-way as any may e)(lsl, of record or not of record The Basis of Bearings for this description is between the found Brass cap marking the Northwest comer of Section 28, T,3N, R,1 E, from which the found Brass Cap marking the North Yo comer of Section 28 bears South 89"36'03" East Timothy J. Fo)(, PlS 7612 ()"'I'I!Ul1',cTIllJOO"D5.oo1 ,p.~P:IlOJæl',DESCRlPTInN'MO~'¡;Ull ANNI/,'( DESC',Dc.x: END OF DESCRIPTION ~O)I'¡~~' ",If, MI<I'.IDIAN P,-,",IIC 1'10""'-3 PUT ....... .------"------_. --~--~~ ,.._m_____._-_.---~-------., l- ~ -----r""----- !; r~-l I: I' I I ~: II: ! .. I i I I j Iii I ¡' ~ I . r ~; Ii " In Ii' "," -<í ~ +----~ ~ z I - ~r-~ ....,---,,- 04 of ------- II" : I: , ni! ! HI: , . 'a' , U f I I; ¡! i ; anir ' h!;~11 Uh) : ..0.. I!! i¡ 1"" Iii 11~1I!!i! : dl! I ! !I : I I ~ i i i i! ¡: ] , , , r .. t- g --...-....-....,.-'- ' --."..'."-,'0'- ,'f!/t~~,;;;, ¡,j;," ~.~"<~: I. -!"" '-'. ' ..:2i~\1t: .,-' '::' t;;,' \" ~\""* '-J!I..' \ /::.' .,- ,.~~~ ) . .¿U-..-HU ""'" .. '" "'_H>';'~ ,,""""" """"..J..:.~" il t;D 8 ~ ¡j e I ,jtl\ I 't. Q¡ II !i.¡! ;: -- ~: I I (j z ',! ¡¡{r~ z~ z". 6i~ y E; -~ ~I ~-~-(- ,) ...- UII "'-'i~~ - --- - - - - - - - .J I i-' ---'-~n__--- 0'-"0" ;.,""~-:.. 11 t' ", EXHIBIT B Maxfield Subdivision PP-O5-027 Approved Preliminary Plat -".;."".,.""W'".""",,;'~':":,__:L:',::,-, -- '" -,..',--,"",""""" - ,. - --.,. .. -- .., -,..,-- ; , ¡ :I~ 'fi:li. .¡!!~~ ill;;t~ -1::,,\, '\: , .,: '~-~¡"-I~I~.¡;, -,'-,-'-, , .. ""'.". ::;~,~ ìmï!'¡¡¡']ì'¡~!'¥"'1 ~: ¡I", ", ,UI c"!"'<"o;>".)O' . ,,',,'" : -"", , >- i.,." 11"" ,tt' l -- I I~ ,-, . , "., -. ' , , ""p"'.,"~~"r-" "r¡>,.'/1\ I ¡,,'/:-"-',.' , " .. ,--~ ~ ¡ ;, \ I I -- ';( , . ,., ,- :""',' . 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MAXFIELD SUBDIVISION CITY OF MERIDIAN APA COUNTY, IDAHO " I~ dlt j: 10\ ~ i I ; ¡ ¡ i ,; \:jI ~ --,,' . " L,I- .~,--.-:.. ..--~.'~""~--,-,, , EXHIBIT C Maxfield Subdivision CUP-O5-034 Approved Site Plan '~""'_'-~:":"'¡"""_-"mn_--___., ""'." ,........' ...., ,_. ','..' --~-.. 1'),- \ Iii - '- -'. II I: 'II ",'- I' : 1I'li:¡"I/\..",,\\.i i.:::;')~(W~.i¡.),,:1 , :'I';I':,i~f..\5;ò'\! I I I :,, "f' '- .. ~ , '.1'.,.;.., \d', "'. ' I j, ,~i¡~~'T '\~- \. l~ ~,- - - I :I,'rl'ü\=~.¡:t;.i;<>:~-"~T_..P-~;-;:' ,,',,"'- j ,;1: i 'i"~'r ~~;'<'..¡;ii,!: -,./--:------~-:---~~,.----, , :1' "J:~I ' [~- .. '~'--I-'"-,," ~'(~----, J I :,I:'.i~:ì:~~Ù/( i~J~~[I¡ :¡':r~:~{l¡;~~!¡ ~,J~ll ,)::F :¡~!!I::I!Ç=¡-_iC~_J_I,f~ :/!.r~I!'; ':~í I I J !:~~t~~~l~'~'-_~'-'~~;~:;;' ,': !å!ji. ¡~: "I ; '1"::[lL_Ufl':;-=:~-'1 ,., 0,11 , ", , IIJ,L~4:L.å¡¡L-" T'--j;;:--- r ,-' -~I 'I I "II;~"\;~ 'I"lit,) ¡IJ~I';~~~i¡¡}¡~J~- ['~~~"1~:^1 'I ' , ,i I !~, Itl'lll, C<-jlf I.¡'"'~ ::: C -H ~ I ').' 1 11:'1, ., ., ", '~;, ":"11 -, f 'I 1 'I I! ~1~'!1ff.~~?þ~~ ~-- , ,"\,.,. i : ,.~ .. " : ; l'II:~I!llllllllli i;'I't-I~.',¡t-i',f--; 1"...I'i:~1 '!~.:-'115~\:r""'I;" :I~:(,,"¡\ ",.... . II I -, U "I I,.. , ., ( : I j 1, I ;- II, il!'I: "( -i- ":1 t¡ - 1 ' '--""';'i¡I'\i¡I"'LL__~~~J-,-\,,'i- J ': 1--rrrrJ.L_:~:-- -' -- -- r--'y['",--,- ,_I J I I i_"i Ii I --~¡I:--!ifrU-,- ,,' I.. _.,L ~" 'II~ I 1. j "2 -"'; '1: II-~ 1~!q~H!nl ! ! ".", ,,¡ '", ';" ¡ I I " I" \ " ;i;i'i;1, I j ~¡ ¡ III ---- I If -..----.. ....,1.., " 1 ¡ '\.,j',./i-,! I 0) I "'~"'/:~ i I "I ~ ¡ ,-- ,r Ir I' .19 ~~ ' . ! I "~I I" :, I :~, ¡", , --,,_. I " ~..".,'¡ -'" _,_,,1 I ~!, - !i1!II'¡I ----:-;- .--- ,- i". ¡,A "'I!I'I.!II"4 ',. ;g 'il.,-'-, 1¡¡¡~li!¡j-~ I , i ¡ ¡.. Ii! III! I 'I! 1 ~ .. ",In ,-- -, ! MAXFIELD SUBDIVISION CITY OF MERIDIAN M¡^ ÇOIJNTY. tù"HO """", ,.. '"' F -I '. ~Ji~~f I ~9";¡;;!.zêj¡;¡~~ , ?~~¿g~¿;~~~ ""i:'ô""""""",'."gc.::Q 1¡5!~~~~i?~2~~~ âs!2~gËg~8S ~~,,¿~:::~;i31~ I ':! ¡-';' --::¡~' çf ~ ~;t~ - :r' "',-< , ;, ,~ -~ Ili:i,f ¡';:e~ .';' .I.' . , ! 1,1 í ;, ,- ' "! " ,I ",I' :: ~ -- ~- -", -. EXHIBIT D Maxfield Subdivision AZ~O5-027 Annexation and Zoning Comments ANEXA TION & ZONING FACTS AND COMMENTS 1. The legal description submitted with the application (dated 5-13-05, stamped by Timothy J. Fox, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian and is approved. 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation and zoning ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: . That the applicant agrees to construct no more six (6) additional primary structures on this site. Said structures shall be limited to five (5) retirement homes and one (1) clubhouse building. . That the applicant is required to hook-up the existing single-family home to city sewer and water with the construction of Phase 1. not before. EXHIBIT E Maxfield Subdivision PP-O5-027 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All conditions of the concurrent Annexation and Zoning (AZ-05-027) and CUP/PD (CUP-05-034) applications shall also be considered conditions of the Preliminary Plat (PP-05-027). The preliminary plat prepared by The Land Group, Inc., dated 5-13-05 and labeled PP-l is approved with the changes and notes listed below. 2. The Landscape Plan prepared by The Land Group, Inc., labeled sheet Ll.0, dated 5-13-05, is approved with the following modification: . In addition to the 20-foot wide buffer along the south property line and along the north property line of Lot 1 that is adjacent to Lot 2, construct a 20-foot wide landscape buffer along the east property line adjacent to the retirement homes. 3. Prior to the City Engineer's signature of the final plat, the existing structure(s) on Lot 1 shall be removed, as proposed. 4. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. The applicant shall be responsible to prove to the Public Works Department that a surface or well source is not available prior to using City water as its primary source. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 6. A detailed fencing plan shall be submitted upon application of the final plat. If pennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building 13. pennits. All fences shall taper down to 3 feet maximum within 20 feet of all right- of-way. All fencing should be installed in accordance with MCC 12-4-10. Construct a 5-foot tall vinyl fence around the perimeter of the subdivision. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. The applicant shall be responsible for the assessments and the actual connection of sewer and water to the existing house located on this project. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Water service shall be via main line extension from the existing mains adjacent to the subject site. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall execute City of Meridian standard fonDS of easements, for any mains that are required to provide service. 11. Sanitary sewer to this site is being proposed via extension of a main line located in Eagle Road past the southern boundary of this project. The conceptual engineering shows the sewer at design grades greater than the minimum allowed for eight-inch sewer. The applicant shall be responsible to construct sewer mains to and through this project. Subdivision designer to coordinate main sizing, grades, and routing with the Public Works Department. Applicant shall execute City of Meridian standard fonns of easements, for any mains that are required to provide service. 12. All sewer and water mains that are not in the ACHD right-of-way shall be centered in 20-foot wide easements, said easements shall be free of mature landscaping and fixed vertical structures. The applicant shall be required to pay Public Works development plan review, and construction inspection fess, as detennined during the plan review process, prior to signature on the finallat per Resolution 02-374. 19. 20. 21. 22. 14. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 15. All required sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). 16. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Department prior commencing installations. 17. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 100-year stonn events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established nonnal groundwater elevation. 18. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Place a note on the face of the final plat stating that vehicular access to Eagle Road is prohibited. The applicant shall be responsible for application and compliance with any NPDES Pennitting that may be required by the Environmental Protection Agency. The applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 23. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS SANITARY SERVICES COMPANY (SSC) 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance app1ication( s). MERIDIAN FIRE DEPARTMENT 1. To qualify for an "R" occupancy, each building shall contain 5 or fewer non- ambulatory residents. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. NOTE: No turnaround required for driveway between buildings 1 and 2 due to buildings being fire sprinkled. 5. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is at least 20' wide. 6. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. The proposed multi-family lot has an unknown population at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 11. The first digit of the Apartments/Suites shall correspond to the floor level for any multi-story buildings. 12. The applicant shall work with Fire Department staff to provide an address identification plan including a pylon/monument sign at the required intersection (near the entrance). 13. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. All buildings shall be addressed off of Falcon Drive, not Eagle Road. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. MERIDIAN PARKS & RECREA nON DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The landscaping plan may need to be revised in accord with those discussions. 2. The proposed dwellings show more than 4 units that share a common entrance and/or stairwell. Such configurations are a safety concern. Prior to the next public hearing, the applicant shall meet with the Police Chief to address these concerns and revise the plans if necessary. 3. The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Dedicate a total of 48- feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building pennit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct a 5-foot concrete sidewalk on Eagle Road abutting the site. The sidewalk should be constructed a minimum of 41- feet from the centerline of Eagle Road. 3. Construct Falcon Drive as one half of a 40-foot street section with vertical curb, gutter and a 5-foot detached concrete sidewalk. Provide the District with an easement for the sidewalk that extends outside of the right-of-way. 4. Construct a 24-foot wide curb return type driveway that intersects Falcon Drive approximately 138-feet west of the east property line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 5. All access to Eagle Road is prohibited. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenus and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. NAMPA & MERIDIAN IRRIGATION DISTRICT 1. If all stonn drainage is retained on-site there will be no impact on N ampa & Meridian Irrigation District and no further review will be required. 2. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. 3. All laterals and waste ways must be protected. The developer must comply wit Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT F Maxfield Subdivision CUP-O5-034 CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (CONDITIO~AL USE/PD) 1. All conditions of the concurrent Annexation and Zoning (AZ-05-027) and Preliminary Plat (PP-05-027) shall also be considered conditions of the Conditional Use Pennit (CUP-05-034). The Planned Development site plan prepared by The Land Group, Inc., on 5-13-05, labeled PD-l, is approved with the changes listed below. 2. The project shall confonn to the R-8 dimensional standards and uses, except as follows: + Multiple principal detached buildings may be constructed on a single lot. No other variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this CUP/PD application. 3. As Planned Development amenities, construct a gazebo, a flower bed of at least 800 square-feet, and a clubhouse, as proposed. Except for the clubhouse, which shall be constructed prior to issl:laaeø of a Cørtifiea-tø of Zoning Compliance permit for occupancv of the fourth retirement building, all other required amenities shall be constructed prior to occupancy of the Unt retirement home. 4. Set aside at least 10% of the gross land area for open space, as proposed. 5. All building construction shall substantially comply with the elevations prepared by Medical Design Group, Sheets 4.00 and 4.10. Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent Building Code. 6. All parking and areas of circulation shall be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. MCC requires 90- degree parking stalls to be 9-feet wide by 19-feet long and have a minimum 25- foot wide drive aisle adjacent to them. 7. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. Sidewalk shall be constructed adjacent to Falcon Drive, including adjacent to Lot 2. 8. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 9. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 10. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS SANITARY SERVICES COMPANY (SSC) 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application( s). MERIDIAN FIRE DEPARTMENT 1. To qualifY for an "R" occupancy, each building shall contain 5 or fewer non- ambulatory residents. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. . b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. NOTE: No turnaround required for driveway between buildings 1 and 2 due to buildings being fire sprinkled. 5. All common driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear driving surface which is at least 20' wide. 6. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section Dl 03.6 Signs. 7. Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. The proposed multi-family lot has an unknown population at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 11. The first digit of the Apartments/Suites shall correspond to the floor level for any multi-story buildings. 12. The applicant shall work with Fire Department staff to provide an address identification plan including a pylon/monument sign at the required intersection (near the entrance). 13. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. All buildings shall be addressed off of Falcon Drive, not Eagle Road. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) fÌom a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on~site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R - 3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. MERIDIAN PARKS & RECREATION DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12~13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The landscaping plan may need to be revised in accord with those discussions. 2. The proposed dwellings show more than 4 units that share a common entrance and/or stairwell. Such configurations are a safety concern. Prior to the next public hearing, the applicant shall meet with the Police Chief to address these concerns and revise the plans if necessary. 3. The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Dedicate a total of 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct a 5-foot concrete sidewalk on Eagle Road abutting the site. The sidewalk should be constructed a minimum of 41-feet from the centerline of Eagle Road. 3. Construct Falcon Drive as one half of a 40-foot street section with vertical curb, gutter and a 5-foot detached concrete sidewalk. Provide the District with an easement for the sidewalk that extends outside of the right-of-way. 4. Construct a 24-foot wide curb return type driveway that intersects Falcon Drive approximately 138-feet west of the east property line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 5. All access to Eagle Road is prohibited. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenus and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. NAMPA & MERIDIAN IRRIGATION DISTRICT 1. If all stonn drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. 2. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. 3. All laterals and waste ways must be protected. The developer must comply wit Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT G Maxfield Subdivision AZ-O5-027 Zoning Amendment Findings According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in tenus of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by City Council: "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; City Council finds the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Low Density Residential." The purpose of this designation is "to allow for the development of single-family homes at densities of three dwelling units or less per acre. .. Density bonuses may also be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services." (See Chapter VII, pg. 95.) The applicant has submitted a letter listing several Comprehensive Plan policies that support the proposed applications. The requested R-8 zone is a medium density residential zone. The Comprehensive Plan allows one "step" (i.e. low to medium) in densities/zoning without requiring a Comprehensive Plan amendment. The applicant is requesting the one step up in density because retirement homes are not pennitted in low density zoning districts; the R-8 zone is the first available zone to operate retirement homes. City Council finds that if the City allows this parcel to step up one residential zoning district, the requested R-8 zoning will generally confonn to this stated purpose and intent of the low density designation, as allowed by Note #2 on the Future Land Use Map. B. Is the area included in the zoning amendment intended to be rezoned in the future; If the concurrent preliminary plat and conditional use pennit applications are approved, City Council does not believe that the applicant intends to rezone the property in the future. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a E. residential area turning into a commercial area by means of conditional use permits; The applicant calls the proposed buildings "assisted living" facilities, which are undefined in MCC 11-2-2, but listed as a condition use in MCC 11-8-1. "Retirement Homes", listed as a conditional use in MCC 11-8-1, but undefined in MCC 11-2-2, have generally been defined by the City as being independent living areas with residents capable of self-preservation. Housekeeping and family-style dining services will be provided to the residents of this community, but the residents will require minimum assistance (see Applicant's letter). City Council believes that this will be a non-convalescent facility with residents capable of self- care. Although retirement homes, nursing homes, and assisted living all require conditional use pennit approval in the requested R-8 zone, based on the applicant's letter City Council has determined the proposed development to be a retirement home. Therefore, the concurrent CUP application must be approved for the development to proceed. The existing single-family home on the proposed Lot 2 is allowed in the requested R -8 zone. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Within the last couple of years, this area has substantially changed. Messina Village, Tuscany Lakes, Soda Springs and Sutherland Farms Subdivisions have all begun constructing homes on what was once agricultural land. Further, Kingsbridge Subdivision was also recently approved for residential development along Eagle Road in this section. Eagle Road was widened between Overland and the Ridenbaugh Canal recently, approximately :x of a mile to the north. Falcon Drive has been constructed as a local street abutting the site. Eagle Road adjacent to this site not been widened in the recent past, but the Eagle Road/Victory Road intersection is scheduled for improvements in 2006. The majority of the land uses in the area are still rural with low to medium residential densities. Although the proposed use is not really similar to any of the other uses in the area, City Council believes that the proposed zoning for a retirement community seems to be appropriate for this site and should be compatible with other land uses in the area. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant will be required to construct, operate and maintain the future buildings in accordance with City Code. According to the Future Land Use Map, this area is intended for low density residential uses. City Council flllds that the proposed uses, if designed, constructed and operated in accordance with adopted H. city ordinances and the PP and CUP conditions of approval, should be hannonious and appropriate in appearance with the existing and intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council finds that the proposed units for the elderly should be compatible with, and compliments the existing single-family residences to the north, south, east and west. The Commission and Council shall rely on public testimony to detennine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer is available in Eagle Road past the southern boundary of this project. Water is available in Eagle Road for the entire frontage of this property. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site stonn water drainage facilities. On July I, 2005, a joint agency and department comments meeting was held with representatives of key service providers to this property. Based on the joint meeting and other comments received from agencies and departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. City Council finds that the subject property can be served adequately by all essential public facilities and City services. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The Meridian Fire Department has commented that developments for the elderly may have the potential for more services than typical single-family residential developments. As noted in the finding above, all public facilities and services can be provided to this site. All required site improvements will be funded and constructed by the applicant/developer. City Council finds that the proposed use will not be detrimental to the economic welfare of the community, nor will the use create the need for any new facilities or services to be paid for by the public. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that the proposed uses will create additional traffic on the adjacent roads. Further, the parking and maneuvering of cars and pedestrians may generate additional noise for surrounding properties. However, City Council does not believe that the additional traffic and noise should be excessive. City Council finds that the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, if all conditions included in the report are complied with. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; City Council finds that any future use of this site will impact the level and flow of traffic on the surrounding streets. Access to this site is proposed via two driveways to Falcon Drive, a local street. One driveway will serve the existing home, and the second driveway will serve the retirement community. No access to Eagle Road is proposed. The applicant should comply with ACHD policies in order to preserve the capacity and movement on the adjacent roadways. City Council finds that the proposed vehicular approaches to Falcon Drive, should not create interference with traffic on surrounding public streets (Please see ACHD report for more information). K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is not aware of any natural or scenic features that may be lost, damaged or destroyed with the approval of the subject applications. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" The legal description submitted with the application, prepared by Fox Land Surveys, Inc., shows that the property is contiguous to the existing corporate boundary of the City of Meridian. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The application substantially complies with the Comprehensive Plan and Future Land Use Map. The land to the southwest of the subject property has previously been annexed into the City and this is a logical expansion of the City boundary. In accordance with the findinJ!s listed above. Citv Council finds that the rezone ofthis TJrovertv would be in the best interest of the Citv. NOTE: The City Council has included a requirement for a Development Agreement on this site. EXHIBIT H Maxfield Subdivision PP-O5-027 Preliminary Plat Findings Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In detennining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Analysis "G". C. The continuity of the proposed development with the capital improvement program; Because the developer will be required to install sewer, water, and utilities for the development at their cost, the Council finds that a development on this property will not require the expenditure of capital improvement funds. D. The public [mandai capability of supporting services for the proposed development; See Finding "G" under Annexation and Zoning Analysis, and the Agency Comments and Conditions. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council finds that there should not be any health, safety or environmental problems associated with this subdivision; no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis. C. D. EXHIBIT I Maxfield Subdivision CUP-O5-034 CUP/PD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use pennit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The retirement home use requires a minimum of one parking stall for every 5 beds in the facility, or 15 stalls total (for 75 beds)(MCC 11-13-5.B). The site plan depicts 51 stalls being provided on the retirement home lot. The minimum required off-street parking ratio is exceeded for this use. The applicant is proposing to set aside 10% of the site for open space. The applicant is not requesting any deviations to the City's standard building setbacks (yards), open space requirements, parking, landscaping, or any other features required by ordinance. City Council finds that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; See Annexation and Zoning Analysis "A". That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; City Council finds that the general design, construction, operation, and maintenance of the proposed development should be compatible with other uses in the general neighborhood and with the existing or intended character of the area. (See Annexation and Zoning Analysis) That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; I. City Council does not anticipate that the proposed development will have an adverse impact on the surrounding property. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation and Zoning Analysis "G". F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation and Zoning Analysis "H". G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare. or odors; Please see Annexation and Zoning Analysis "I". H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation and Zoning Analysis "J". That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation and Zoning Analysis "K".